RCW 7.05.190
Conditions of granting interim measures.
(1) The party requesting an interim measure under RCW 7.05.180(2) (a), (b), and (c) shall satisfy the arbitral tribunal that:
(a) Harm not adequately reparable by an award of damages is likely to result if the measure is not ordered, and such harm substantially outweighs the harm that is likely to result to the party against whom the measure is directed if the measure is granted; and
(b) There is a reasonable possibility that the requesting party will succeed on the merits of the claim. The determination on this possibility shall not affect the discretion of the arbitral tribunal in making any subsequent determination.
(2) With regard to a request for an interim measure under RCW 7.05.180(2)(d), the requirements in subsection (1)(a) and (b) of this section shall apply only to the extent the tribunal considers appropriate.
[ 2015 c 276 § 19.]
Structure Revised Code of Washington
Title 7 - Special Proceedings and Actions
Chapter 7.05 - International Commercial Arbitration.
7.05.010 - Scope of application.
7.05.020 - Definitions and rules of interpretation.
7.05.030 - International origin and general principles.
7.05.040 - Receipt of written communications.
7.05.050 - Waiver of right to object.
7.05.060 - Extent of court intervention.
7.05.070 - Court authority for certain functions of arbitration assistance and supervision.
7.05.080 - Arbitration agreement—Definition and form.
7.05.090 - Arbitration agreement—Substantive claim before court.
7.05.100 - Arbitration agreement—Interim measures by court.
7.05.110 - Number of arbitrators—Immunity.
7.05.120 - Appointment of arbitrators.
7.05.130 - Disclosure requirements—Grounds for challenge.
7.05.140 - Challenge procedure.
7.05.150 - Failure or impossibility to act.
7.05.160 - Appointment of substitute arbitrator.
7.05.170 - Competence of arbitral tribunal to rule on its own jurisdiction.
7.05.180 - Power of arbitral tribunal to order interim measures.
7.05.190 - Conditions of granting interim measures.
7.05.200 - Application for preliminary orders—Conditions for granting preliminary orders.
7.05.210 - Procedures for preliminary orders—Expiration of preliminary orders.
7.05.220 - Modification, suspension, termination of preliminary orders.
7.05.230 - Provision of security.
7.05.260 - Recognition and enforcement of interim measures.
7.05.270 - Grounds for refusing recognition and enforcement.
7.05.280 - Court-ordered interim measures.
7.05.290 - Equal treatment of parties.
7.05.300 - Determination of rules and procedure.
7.05.310 - Place of arbitration.
7.05.320 - Commencement of arbitral proceedings.
7.05.330 - Language used in proceedings.
7.05.340 - Statement of claim and defense.
7.05.350 - Hearings and written proceedings.
7.05.360 - Default of a party.
7.05.370 - Expert appointed by arbitral tribunal.
7.05.380 - Court assistance in taking evidence—Consolidation.
7.05.390 - Rules applicable to substance of dispute.
7.05.400 - Decision making by panel of arbitrators.
7.05.420 - Form and contents of award.
7.05.430 - Termination of proceedings.
7.05.440 - Correction and interpretation of award—Additional award.
7.05.450 - Application for setting aside as exclusive recourse against arbitral award.